Tuesday, May 25, 2010

Legal Options for Motorcycle Accident Victims in LA County

Due to the many vehicular accidents in Los Angeles County involving motorcycles, questions may strike the minds of the injured victims. How can I obtain justice? What are the legal options available to recover damages for my injuries? If you are one of those who have been involved in similar scenarios, then read this article carefully.

Legal Options

There are two possible ways in order to get reimbursement for your incurred injuries. First is through the formal filing of a lawsuit against the other party who, you certainly believe, has been careless or negligent and indeed liable for the motorcycle accident. In this type of legal procedure, you will have to prove these case elements to win your fight:

* The other driver has been neglectful in driving
* His neglect was indeed the primary cause of the motorcycle crash
* You have sustained injuries and/or other damages from the accident

Certainly, you also have to establish your blamelessness for the said accident. You should understand that any of your traffic violation or slight negligence might lessen your recoveries or even impede you from obtaining possible restitution for your injuries. Thus, it is always necessary for motorcycle enthusiasts and all other automobile drivers to avoid being imprudent or ignorant on roads to have better chances of being remunerated in case of accident involvement.

On the other hand, your other legal option is through engaging in a mediation process or an out of court settlement. This procedure is very much applicable in cases wherein the other party carries no insurance policy. In addition to this, many victims result in resolving the issue outside the court in order to speed up the case and avoid further complications.

In this legal exercise, both parties will discuss things and calculate the value of the damages. If the injured victim accepted the offer, the defendant will be free from any legal liabilities in the future. If both parties did not arrive in a mutual settlement, the plaintiff then may proceed to bringing the case in court.

Right to Representation

Both of the aforementioned legal options involve complicated laws and method to follow. Therefore, it is always necessary to consult a motorcycle accident attorney in LA County and have your case evaluated to ensure that you are properly guided.

Moreover, legal counsels who specialize in handling motorcycle accidents may even increase your recoveries since they have enough understanding of the lawful techniques on how to have better personal injury claim results. In fact, great majority of the motorcycle accident cases managed by credible attorney have won in courts or have gained favorable out of court settlements.

Hunting Accidents - Causes, Frequency, and Your Legal Rights

Every year there are approximately 800 non-fatal hunting accidents and 100 fatal. When considering the massive amount of hunters nation-wide (appx 20 million), it can be said that hunting is generally safe. Of course, many accidents are unreported because people are not aware of their legal rights. They are often confused about the causes and ramifications of hunting accidents. This article is here to help.

First we will analyze frequent causes of accidents. Then we will look at reliable methods for increasing safety. Finally we will investigate your legal rights if you find yourself in the unfortunate position of dealing with a hunting accident.

Frequent Causes of Hunting Accidents

Even though every incident is unique, there are some common causes of accidents that should be identified.

1. Failure to Properly Identify a Target. There is an extremely exciting moment during hunting when you first see some movement in the distance. You think to yourself 'this is it!' Unfortunately some folks get over-excited and start shooting before they recognize what exactly they are shooting at. Sometimes a rustle in the woods is actually a fellow hunter who has chosen not to wear the blaze orange hunting gear. Remember, as stated above, that there are 20 million annual hunters out there all tracking the same kind of animal for each season.

2. Shooters Swinging on Game. Especially pertinent for bird hunting, swinging on game is when a hunter uses an arc pattern combined with spreadshot in order to shoot over a wide area. Sometimes the arc can get too big and encompass fellow hunters (this is especially true when shooting at game on or near the ground).

3. Negligent or Careless Handling of Firearms. Firearms require constant care and attention. Sometimes hunters get too 'relaxed' with their weapon and begin either waving it around or simply not maintaining a proper eye on where it is pointed. Accidents, in the truest sense of the term, occur when guns are not attended to properly.

4. The Victim is Out of Sight of the Shooter. the forest is thick, no doubt about it. Despite proper preparation and caution, incidental shootings happen. Spreadshot weapons increase the odds of getting caught in the line of fire.

Methods For Improving Your Chances of Accident Avoidance

Many accidents can be prevented by good preparation and etiquette. Here are some common ways you can improve your odds of success during your excursions.

1. Get Properly Educated. You may like the classroom, you may not. Either way, this is one occasion where you should bite the bullet (no pun intended) and attend hunting safety classes. You may be thinking 'I know all about gun safety - look, I just turned the safety on', but there is a lot more to it than that. A good class can make you an educated and safe hunter.

2. Dress Intelligently. The more visible you are to the human eye, the better your chances of not falling victim to one of the above causes of injury or death. Do not hesitate to wear the blaze orange that is so iconic for hunters, especially if you think you are going to be in a highly hunted area.

3. Establish Good Communication. Figure out a method of communicating and locating the other members of your hunting party. A surprisingly large number of hunting accidents occur between family members and friends who have gone out together.

4. Be Diligent With Good Safety Habits. It may be tempting to cut corners or get a bit lazy when it comes to gun safety and maintenance, but don't fall into that trap. Be cautious where the gun is pointed at all times and never point it at anyone playfully.

5. Stay Level Headed. Don't let excitement carry you away. Always try to stay cool and never fire without being sure of what you are firing at. Furthermore, do not let your judgment become impaired by alcohol or other substances.

6. Alert Other Hunters To Your Presence. Hang an orange streamer or vest from the tree you are either shooting from or underneath. This will give other hunters fair warning that any activity or rustling they hear coming from your area is likely not game.

Legal Rights For Those in an Accident

Accidents range all the way from minor injuries to death. Here are some examples of accidents that can occur:

1. Shrapnel From Spreadshot. If someone is shooting near or above you, it is possible to get hurt from the falling debris.

2. Direct Impact From a Bullet. No confusion here - this is when you get shot by another hunter.

3. Fall From a Tree Stand. Sometimes it isn't another hunter who is at fault, but a manufacturer. If you are certain a tree stand failed from design and not your construction, you might have legal rights.

4. Alcohol-Related Incident. If there is alcohol or drugs related to an accident, that can drastically alter the status of your case.

5. Assault and Battery. Disagreements can happen and sometimes it comes to blows.

6. Other Unforeseen Events.

Hunting accidents can be complex as insurance companies get involved and 'he said this / I say that' occurs due to the lack of witnesses. It can be an uphill battle trying to get compensation for hunting accidents on your own. Find a good specialist attorney in your area that will provide you with a free consultation.

Determining Legal Liability For an Accident Or Personal Injury

Have you recently been hurt or injured because of another person or company's failure to exercise reasonable care? If so, it is a smart decision to seem legal counsel from a Seattle injury attorney. Experienced attorneys advise on all legal matters regarding the circumstances of your accident, the extent of your injuries, and its long term effects on your life.

A Seattle personal injury attorney can help you determine whether or not you are entitled to financial compensation for damages. This typically includes medical expenses, pain and suffering, lost wages, property damage, permanent disability, and damage to your earning potential.

A Seattle injury lawyer is adept at helping to accurately judge legal responsibility for an accident or injury. The rules for this are often complicated. It's easy to say someone is guilty of causing the accident and must pay for your injuries but determining who was legally at fault is a little more difficult.

Most injuries caused from accidents occur because of the carelessness of another person. The basic rule most attorneys follow is "if one person in an accident was less careful than another, the less careful one is responsible for paying for at least a portion of the damages suffered by the more careful one."

Legal responsibility is determined by this rule of carelessness, as well as one or more of the following simple circumstances:

- If the injured party was where they were not supposed to be, or somewhere they should have expected the kind of activity which caused the accident, the party who caused the accident might not be liable since they had no legal duty to be careful.
- If the person injured was also careless or reckless, their financial compensation may be reduced by the extent that they were also responsible for the accident.
- If the negligent party causes the accident while working for someone else, the employer may also be legally liable for the accident.
- If the accident is caused on a dangerous, poorly built or maintained property, the owner of such property is liable, regardless of whether they actually created the dangerous conditions.
- If a defective product caused the accident, then both the manufacturer and seller of the product are liable.

If you have suffered a serious personal injury from accident, don't sacrifice your future or what you are owed. A Seattle personal injury attorney can help you receive what you deserve.

Boating Accidents - Statistics and Legal Rights Info

Most boating accidents can be cured by wearing good quality life preservers. That's the biggest takeaway I can provide you with. If you intend to go out on a boat make sure you have vests and other PFD's (personal flotation devices) available.

But let's say you took that precaution, and even other precautions recommended to you during your boating safety training. Despite all of your preparation you still incurred an injury or got into an accident while in the water. What do you do now?

This article is here to share some of the most common statistics regarding boating accidents to help make you an informed boater. In addition, it is going to analyze what you can do from a legal perspective to make sure you are properly compensated for the negligence or incompetence of an outside party that damaged your property or caused injury to you or your loved ones.

Boating Statistics:

When trying to frame the circumstances of your accident, it might help to know some of the common statistics involved in boating accidents every year.

On average, there are appx 700 reported boating deaths every year in the United States. Furthermore, there are appx 4,500 accidents reported every year. Interestingly, it is believed that only 10-15% of all incidences are properly filed.

Property damage involved with these events is disproportionately large when compared to more common land accidents. In 2008 there was an estimated $54 million dollars in damage across the country. For some more interested stats, consider those compiled on commanderbob.com/cbstats.html:

" * Over two-thirds of all fatal boating accident victims drowned, and of those, ninety (90) percent were not wearing a life jacket.

* Only ten percent of deaths occurred on boats where the operator had received boating safety instruction.

* Seven out of every ten boaters who drowned were using boats less than 21 feet in length.

* Careless/reckless operation, operator inattention, no proper lookout, operator inexperience and passenger/skier behavior rank as the top five primary contributing factors in accidents.

* Alcohol use is the leading contributing factor in fatal boating accidents; it was listed as the leading factor in 17% of the deaths.

* The most common types of vessels involved in reported accidents were open motorboats (43%), personal watercraft (23%), and cabin motorboats (15%)."

Types of Boating Accidents:

It was touched upon in the statistics section, but let's list some of the most common types of accidents to determine if your situation falls into one of these criteria.

* Boat Collision. Quite simply this entails two or more boats striking each other. However, collision can happen in a variety of places, including crowded docks, narrow passageways, and on the open sea.

* Object Collision. Similar to boat collisions but with objects either at dock or in the open water. Object collision can be the fault of the boat operator, or can be caused by negligent/inappropriate placement objects by other boaters or water officials. Examples include loose buoyees, inner tubes, boat parts, etc.

* Water Skier/Tuber Incident. Water skiing can be extremely exhilarating, but it also has inherent risks. If you went on a skiing or tubing trip and you believe injury occurred due to faulty equipment or driver negligence, you may have a case.

* Driver Error. Many accidents occur due to negligence, intoxication, or lack of education of the boat driver.

* Boat Capsizing/Equipment Failure. A surprisingly small number of accidents occur as a result of equipment failure. However, negligence and lack of proper preparation can cause this to be an issue.

* Cruise Liner Incident. Cruise liners offer a whole different set of circumstances than normal watercraft. All manner of injuries can be sustained on a cruise liner, and if you believe it was caused by the crew or poor conditions, you may be able to pursue the situation legally.

* General Intoxication. Whether it be via the driver, passengers, crew, or whatever, intoxication is a leading cause of drowning and injury on boats.

Filing a Boating Accident Report

Something that goes hand-in-hand with boating accidents is the BAR, or boating accident report. Most boaters are made aware of the federal and state rules regarding accident filing when going through boater safety training. However, when an accident occurs that you believe might require legal involvement, it is important to understand the rules more thoroughly.

According to accidentinfo.com/blog/when-to-file-a-boating-accident-report-bar/, a BAR must be filed when:

"1. A person dies; or

2. A person is injured and requires medical treatment beyond first aid, i.e. treatment at a medical facility or by a medical professional other than at the accident scene; or

3. Damage to vessels and other property totals $2,000 or more or there is a complete loss of any vessel; or

4. A person disappears from the vessel under circumstances that indicate death or injury.

If you experience a boating accident where one or more of these criteria have been met, you must file a BAR within 48 hours if:

1. A person dies within 24 hours of the occurrence; or

2. A person requires medical treatment beyond first aid; or

3. A person disappears from the vessel.

You have 10 days to file a BAR if the damage only involves the vessel and/or property. Be aware that these are the minimum requirements for federal regulation of BARs and individual states may have stricter reporting requirements."

Seeking Legal Compensation

Some accidents are quite simple and only involve you as the boater or passenger. However, if it involves multiple parties or a need for compensation from an external source, it is important to get in contact with a professional boating accident attorney even before you start this process. They will be able to give you proper advice and keep you from sabotaging your own case.

Be sure to find an attorney who is not only skilled at boating accident cases in general, but who is also an expert at your states specific rules. The stringency of boating law varies from state to state and it is critical to make sure you are doing everything you can to prove you were not at fault, or even partially responsible for the incident.

Road Traffic Accidents Legal Proceedings

Even though there have been advancements in road and car safety, road traffic accidents are still common place in our society. Unfortunately, statistics show that most people will be involved in a serious road traffic accident at least once in their lifetime. We will discuss when such accidents may lead to legal proceedings.

If you are involved in a car accident, you should speak to a legal expert who can guide you through the minefield of the legal system and help you to get the compensation you deserve. You may like to get in touch with our advisors on 08000 71 22 71 or click our road traffic accident claims form to get started.

Legal Proceedings After A Road Traffic Accident

Not all road traffic accidents lead to legal proceedings, however if there are no serious injuries, you may be entitled to recover damages for property and other expenses from the other drivers insurance company. The likelihood of legal proceedings will usually rest on the quantum, or the amount of financial damage which has ensued from the accident.

What Causes Road Traffic Accidents?

There are many possible causes for road traffic accidents which are discussed below:

Bad Driving- This is by far the greatest cause of most road traffic accidents. Simple errors in judgement and other mishaps all add up to common poor driving habits such as ignoring traffic signals, speeding, not giving way at the correct times, tailgating and mobile phone usage.
Lack Of Attention- Drivers are oftentimes distracted and can increase the chance of a road traffic accidents. Whether from outside of the car or inside the car its something which we must all become more aware of.

Reading maps or newspapers(!), changing CD's or the radio station, fixing your appearance in the vanity mirror or trying to comfort an upset child are all distractions which can cause road traffic accidents.
Under The Influence- Accidents on the road are unfortunately due to the impaired ability of the driver to concentrate and put both himself and other road users at risk.

Weather Conditions - Bad weather, rain, icy roads, floods all contribute to poor driving conditions from which an accident can occur by impairing visibility. Slippery road surfaces require the driver to take extra care whist behind the wheel. Motorists need to take into consideration these weather conditions whist on the road to avoid causing an accident. Black ice and flash flooding are all unexpected obstacles a driver will have to be prepared for when setting out on a journey, so its important to check the weather report if you suspect harsh road conditions.

Poor Road Design - Government liability can be called upon when confusing, poorly placed signs, barriers, road works or traffic signals are a contributing factor to a road traffic accidents. These can lead to drivers no being familiar with a change in road design and coupled with possible poor driving conditions lead to vehicle collisions and personal injuries.
Roadworthy Vehicles- A road traffic accidents can be caused by a vehicle not being road worthy. Factors such as poor tyres, brakes failing, electrical failure and similar defects can all cause a driver to become involved in an accident. A manufacturing defect, design failure or similar vehicle factory problem can also be a contributing factor.